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HomeMy WebLinkAboutContracts & Agreements_9-1961THE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT ISSUED BY THE AMERICAN INSTITUTE OF ARCHITECTS FOR USE WHEN A PERCENTAGE OF THE COST OF THE WORT{ FORMS THE BASIS OF PAYMENT, AND ENGINEERS' FEES ARE INCLUDED IN THE ARCHITECTS FEE. THIS. SIXTH EDITION —COPYRIGHT 1948-1951 BY THE AMERICAN INSTITUTE ox ARCHITECTS, WASHINGTON, D. C. ACRESENT made the. ------- i7..................... ._.............. day of ..... _14LI..............in the year Nineteen Hundred and. __SJxty._ ana_...-----_________-_- by and between---------------TE- .... CI.T' Y-0F'--Bi D.L..A. -A- PA.iTNICIPAI..... CQaPQRAjjjoj�....... ------------- Redlands, California .........................................................................hereinafter called the Owner, and C. PAUL ULMER ---------- ---------------------------------------------------------------------------------------- ...................... ......................-----------------------------------------hereinafter called the Architect, WZTNESSETH, that whereas the Owner intends to erect ............................................ A City mall;nre_...R1�1�xt.enz�e.s... to..h�..�oaates_.an_.th�__si_ta--at-----•- Brookside and Citrus Avenues in the City of Red ands_4--California..__ ..................................................... ......................................... I hereinafter called the Work, NOW, THEREFORE, the Owner and the Architect, for the considerations hereinafter named, agree as follows: The Architect agrees to perform, for the above -named Work, professional serv- ices as hereinafter set forth. . The Owner agrees to pay the Architect for such services a fee per cent of the cost of the Work, with other payments and reimbursements as herein- after provided, the said percentage being hereinafter called the Basic Rate. --------------------------------------------------------------------------------------------------•----..------......._........_--------- o n t p d � r. ro o� N *�. The parties hereto further agree to the following conditions: 1. The Architect's Services. —The Architect's professional services consist of the necessary con- ferences, the preparation of preliminary studies, working drawings, specifications, large scale and full size detail drawings, for architectural, struc- tural, plumbing, heating, electrical, and other mechanical work; assistance in the drafting of forms of proposals and contracts; the issuance of certificates of payment; !he-keeping-of-armurrts,-°thc -gencgtd-aciit+inis&a-tion-4-the-lKmines� and super- vision of the Work. 2. Reimbursements. —The Owner is to reim- burse the Architect the- rosts-of-trmiportntierrrand- liavitrg- itieerrred--lip -}rim- nerd- -Eris-- -assrs har, ls- w`hrle "travelixrg-in �liselrax� ef-duties- eanrteetcd-rvitlt the Work; -the- cost of -arI- repradu�tons -of- -dTx -irrgs, the cost of any special consultants other than for normal plumbing, heating, electrical, and other me- chanical work, and other disbursements on his ac- count approved by the Owner. S. Separate' £bntracts-. --Tlre haste- Rure-ap- plies-to-werk leL-undermr sktgle- retract.- Floc -any portions- -of- the Work- 4et-ttr,4eT- sepa-rate -con tracts, ova-aeewm+ -o4 -extra.-service-thereby- -required; -the rate-shalf -be- -f=-per -cerrt-greater,- mTd-if-snbstan- Sallyh-l-tire A%rk•is-so-let-the-lrigher-rate-shslf -apply-to-the-entirre-Work, -but-t1mT -shall-be-na stieh-increase-an--the-pkrtfrbing,--heating; electrical and.-ether-rneehanieal-work- or- -en-tray eontraeta in-eenn-eetion--ivith- which -the -Gwn r-reimburses, special-corisuftarrtst-fecs-'ta-t1teT �rrc}ritec� -ar-for articles-nGt-designed--by -the -A-r-Gkr}t-ka-pw- chased• under -lris-directton. 4. Extra Services and Special Cases. —If the Architect is caused extra drafting or other expense due to changes ordered by the Owner, or due to the delinquency or insolvency of the Owner or Con- tractor, or as a result of damage by fire, he shall be equitably paid for such extra expense and the serv- ice involved. Work let on any cost-plus basis shall be the sub- ject of a special charge in accord with the special service required. If any work designed or specified by the Archi- tect is abandoned or suspended, in whole or in part, the Architect is to be paid for the service rendered on account of it. 5. Payments. ---Payments to the Architect on account of his fee shall be made as follows, subject to the provisions of Article 4: Upon completion of the preliminary studies, a sum equal to 257o of the basic rate computed upon a reasonable estimated cost. During the period of preparation of specifications and general working drawings monthly payments aggregating at the completion thereof a sum suffi- cient to increase payments to 751yo of the rate or rates of commission arising from this agreement, computed upon a reasonable cost estimated on such completed specifications and drawings, or if bids have been received, then computed upon the .lowest bona fide bid or bids. From time to time during the execution of work Form B-121 (formerly B-102) and in proportion to the amount of service ren- dered by the Architect, payments shall be made until the aggregate of all payments made on ac- count of the fee under this Article, but not in- cluding any covered by the provisions of Article 4, shall be the sum equal to the rate or rates of com- mission arising from this agreement, computed upon the final cost of the Work. Payments to the Architect, other than those on his fee, fall due from time to time as his work is done or as costs are incurred. No deductions shall be made from the Archi- tect's fee on account of penalty, liquidated damages, or other sums withheld from payments to contrac- tors. 6. Information furnished by Owner. —The Owner shall, so far as the work under this agree- ment may require, furnish the Architect with the following information: A complete and accurate survey of the building site, giving the grades and lines of streets, pavements, and adjoining properties; the rights, restrictions, easements, boundaries, and contours of the building site, and full information as to sewer, water, gas and electrical service. The Owner is to pay for borings or test pits and for chemical, mechanical, or other tests when re- quired. The Owner shall provide all legal advice and services required for the operation. 7. Supervision of the Work. ---The Architect will endeavor by general supervision to guard the Owner against defects and deficiencies in the work of contractors, but he does not guarantee the per- formance of their contracts. 'Flse- general -supm- visiort--of--tlte•-Arehiteet ism-be-ciirsti�gu-isl�d-fxor-r► the: comtinttuus�i�e dusp�tiem B€lce �i~ f- w Mks. W1Tm-=r1mTizcz1-by-thr_-Owners a--lerk-ofRthe- Nvo-Fles--aeoeptrtale -te- b otk-Qw4mr- -and- -Ar-hitect shad- be- engage-d-•by-the- AxGhitest-at-a- salaryA.sa.tis- fac-tary-to- the-Qw:nur.. -and -paid by -the _Ownezr uporr presentatiorr -of -the-Architect's mantlrly- state- -a:ts, 8. Preliminary Estimates -,When requested to do so the Architect will furnish preliminary es- timates on the cost of the Work, but he does not guarantee such estimates. 9. Definition of the Cost of the Work. — The cost of the Work, as herein referred to, means the cost to the Owner, but such cost shall not in- clude any Architect's or Special Consultants' fees or reimbursements or the cost of a clerk -of -the - works. When labor or material is furnished by the Owner below its market cost the cost of the work shall be computed upon such market cost. i+. - Ownersl}ip- of-9eeu4ment&,---Brswimngs- a el-speeifiea-tions•-as."n rumits•sf-sar ire -are -the. `prcvertp-crf-the Architeet-irlrether--the--v�le-for which- threy. -are- rrm&e- be- csecuted- ,o r -net.; -an4 --rre- rmt bused ore-other^vrark-except- by- agreement v4th - the-Ar-elaHioe6 It. Successors and Assignments. —The Owner and the Architect, each binds himself, his Form B-121 (formerly B-IO2) partners, successors, legal representatives, and assigns to the other party to this agreement, and to the partners, successors, legal representatives and assigns of such other party in respect of all covenants of this agreement. Except as above, neither the Owner nor the Architect shall assign, sublet or transfer his interest 13. Reproduction of Documents: - in this agreement without the written consent of the other. 12. Arbitration. --All questions in dispute under this agreement shall be submitted to arbitra- tion at the choice of either party, in accordance with the provisions, then obtaining, of the Standard Form of Arbitration Procedure of The American Institute of Architects. A. The Architect shall provide, at no expense to the Owner and in the number required, the preliminary plans and construction documents for the review and approval of the applicable public agencies. B. The Architect shall provide copies of the construction documents for bidding and construction purposes, the expense of which shall be borne as follows: Fifteen (15) sets by the Architect. Additional sets by the Owner. C. Drawings and specifications shall be the property of the City of Redlands. (Replaces Condition #10.) 14. The City of Redlands will clear the site, removing all foundations, concrete, paving, etc., leaving the area ready for grading. 15. The Architect's Plot Plan will show locations of buildings, paved areas and retaining walls, if any, and natural and finish grade and/or contours, normal access walks, etc., but will exclude from work to be done: (1) A C Paving and retaining walls, (2) Lands- caping, (3) any work outside the Property Line, which work will be planned and executed by others. The Owner and the Architect hereby agree to the full performance of the cove- nants contained herein. IN WITNESS WHEREOF they have executed this agreement, the day and year first above written. CITY OF REDLANDS Owner .-BY _ -- ----- C' R AN_ GE r ,I _ Architect ______ _..___��_ ___ _____�_ -l�L.